Mediation vs Arbitration: What You Need To Know

Court is not the only way to solve legal disputes and it certainly isn’t the cheapest. Two options outside of the courthouse are mediation and arbitration.

In lieu of a judge, mediation uses an impartial guide or facilitator to help both parties come to an agreement. Though it is often ordered by a judge, whether or not you settle in mediation is completely voluntary. If you don’t come to an agreement during mediation, you can still go to court for a resolution. Mediation is also confidential. Anything you say to the mediator that you want to keep private will remain between the two of you and will not be shared with the other side. This also means anything said during mediation cannot be brought up later in court (should you choose not to settle). If you do reach an agreement during mediation, the agreement becomes binding and will be placed into an order which will be signed by the court.

While mediation uses a mediator who helps the parties reach an agreement, arbitration uses an actual decision maker to carry out the process. In arbitration, the arbitrator has the power to make the decision, whether or not the parties agree with the decision. This decision is binding. Arbitration is mostly used in business law and often found in contracts. Arbitration is often a more expensive option than mediation but can be less expensive than court.

Here at the Kalish Law Office, we have two trained mediators at the ready. Mediation available in English and Spanish. For passionate, professional, and personal legal services, call 281-363-3700 and schedule your consult today!